Wis JI-Criminal 1403

Statutory Definition of the Crime

Section 943.017(1) of the Criminal Code of Wisconsin is violated by one who

intentionally marks, draws or writes with paint, ink or another substance on or intentionally

etches into the physical property of another without the other person's consent.

State's Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following five elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant (marked) (drew) (wrote) with paint, ink or another substance on

physical property. 1

2. The physical property belonged to another person. 2 [_________________ is a

person for purposes of this element.] 3

3. The defendant (marked) (drew) (wrote) on the property without the consent of

(name of owner, agent, etc.).

4. The defendant acted intentionally. The term "intentionally" means that the defendant

must have had the mental purpose to (mark) (draw) (write) on the property. 4

5. The defendant knew the property belonged to another person and knew that the other

person did not consent to (marking) (drawing) (writing) on the property. 5

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent or knowledge. Intent and knowledge

must be found, if found at all, from the defendant's acts, words, and statements, if any, and

from all the facts and circumstances in this case bearing upon intent and knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all five elements of this offense have

been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

ADD THE FOLLOWING IF THE FELONY OFFENSE IS CHARGED, AND THE

EVIDENCE WOULD SUPPORT A FINDING THAT THE PROPERTY WAS

REDUCED IN VALUE BY MORE THAN $2,500. 6

[Finding the Reduction in the Value of the Property]

[If you find the defendant guilty, answer the following question "yes" or "no":

"Was the property reduced in value by more than $2,500?"

"Reduced in value" means what it would cost to repair or replace the property, or to

remove the (marking) (drawing) (writing), whichever is less. 7 Before you may answer

"yes," you must be satisfied beyond a reasonable doubt that the property was reduced in

value by more than $2,500.]

ADD THE FOLLOWING FOR FELONY CASES INVOLVING DAMAGE TO

MORE THAN ONE ITEM OF PROPERTY "PURSUANT TO A SINGLE INTENT

AND DESIGN," AS PROVIDED IN § 943.017(3). 8

[In determining the amount by which the value of the property was reduced, you may

consider all damage that you are satisfied beyond a reasonable doubt was caused by acts

of the defendant pursuant to a single intent and design.]